Legal/Ethical Flashcards
What is a mental disorder according to Mental Health Act of Alberta?
“mental disorder” means a substantial disorder of thought, mood, perception, orientation or memory that grossly impairs
(i) judgment,
(ii) behaviour,
(iii) capacity to recognize reality, or
(iv) ability to meet the ordinary demands of life”
What are the forms that allow for apprehension and conveyance of someone under the Mental Health Act of Alberta?
a physician using Form 1: Admission Certificate (section 2 of the Act)
a Provincial Court judge using Form 8: Warrant (section 10 of the Act)
a peace officer using Form 10: Statement of Peace Officer on Apprehension (section 12 of the Act).
Form 23: Community Treatment Order Apprehension Order (section 9.6 of the Act)
Form 4: Certificate of Transfer into Alberta (section 24(1) of the Act)
Form 7 is the informational paperwork that is brought to the judge along with other documentation
What does a single admission certificate allow?
The ability to pick up a person and transport them to a health care facility
The authority to apprehend expires in 72 hours
Person must be assessed within 24 hours of arriving at the facility
What does a second admission certificate allow?
Signed once the person has been assessed under the first admission certificate and allows the person to be held for 1 month from the day the admissions certificate was renewed.
What is the criteria that must be present before an individual can be considered for formal admission, under an admission certificate?
- Suffering from a mental disorder.
- Has the potential to benefit from treatment for the mental disorder
- Likely to cause harm to that person or others, or to suffer substantial mental or physical deterioration or serious physical impairment.
- Unsuitable for admission to a facility other than as a formal patient.
Who has to sign the renewal certificates to expend the period of detention and how long can these be for?
2 renewal certificates need to be signed each time they are looking for an extension. At least one of the qualified health professionals who issue renewal certificates under this section shall be a member of the staff of the facility at which the formal patient is detained and at least one of the certificates shall be issued by a psychiatrist.
First case - up to one additional month
Second case - up to one additional month
Third case - up to 6 additional months
Describe a leave of absence as it pertains to hospitalized mental health patients
During hospitalization formal patients may be allowed to spend time outside the facility. A leave of absence
-permits formal patients to live temporarily in the community though they remain under the powers of the Act,
-may be granted based on terms and conditions, such as where patients will be staying and with whom, and
-requires that patients may still be subject to the supervision and treatment of any person(s) designated by the board (section 20(2)) of the Act.
Nothing in the Act specifies the length of time for which a leave may be granted; it may be revoked at any time.
A formal patient detained in or remanded to a facility under the Criminal Code (Canada) or the Youth Criminal Justice Act (Canada) (formerly the Young Offenders Act) is not eligible for a leave of absence (section 20(5) of the Act).
What is must the person who just had a first admission certificate signed be given?
contact information for the Mental Health Patient Advocate.
When is a mental health patient considered a formal patient?
After the 2 admission/renewal certificates are issued
True/false
A formal (certified) patient is unable to make treatment decisions
False. If a patient wishes to refuse treatment he may. The physician can apply to the Review Board (form 12) for a treatment order.
True/false
A certified (formal) patient can appeal their certification.
True. They can fill out a form 12 (application for review panel hearing) for the Review Panel to review their certification.
Who can complete an application to the review panel?
Formal patient, relative, guardian, physician
How many people sit on the review board?
Who are they?
3
Chairman or vice chair who is a lawyer
Psychiatrist from another facility
Member of the public
Patient’s psychiatrist and nursing staff may also attend.
When a formal patient appeals the incompetency, can treatment be given awaiting the outcome of the hearing?
NO, only to control. Control is minimal use of force, mechanical or medication as is reasonable.
A person is mentally competent to make treatment decisions if he is able to understand the subject matter relating to the decision and can appreciate the consequences of making the decision.
What does a physician do when a patient is competent, but refuses Rx?
a) Ignore the patient’s opinion
b) Instruct the nurse to medicate the patient
c) Request a Rx order
d) Seclude patient until they comply
C: the physician must request a treatment order (using the review panel)
